The current penalty divisor and a scheduled change
For an initial month on or after October 1, 2024 and before October 1, 2026, Oregon's published divisor is $14,585. The amount of an uncompensated transfer is divided by that figure to calculate the length of the disqualification period; whole months are followed by a fractional-month-to-days calculation rather than simple rounding (OAR 461-140-0296 rulemaking notice).
The same rulemaking notice reports a $16,760 divisor for an initial month on or after October 1, 2026. Because this page is prepared in August 2026, $14,585 is the current published figure, but a case beginning after September must use the later figure if the rule is adopted as described; confirm the live rule before calculating a penalty (OAR 461-140-0296 rulemaking notice).
When a penalty begins is fact-specific
For a transfer reported with an application before services begin, Oregon's notice says a penalty begins on the request date if the applicant would otherwise be eligible, or on the first later date when all other conditions are met. For certain unreported transfers or transfers while receiving services, the timing instead turns on when the Department learns of the transfer and the continuing-benefit notice period ends (OAR 461-140-0296 rulemaking notice).
Oregon also has rules for joint ownership, multiple transfers, and transfers by spouses. The notice explains that transfers can be combined before division and overlapping penalty periods are applied sequentially, not concurrently (OAR 461-140-0296 rulemaking notice).
Current August 2026 divisor: $14,585 per month.
Published October 1, 2026 divisor: $16,760 per month. The look-back is 60 months, but the actual penalty start date and duration depend on the transaction and eligibility facts (
Oregon rulemaking notice).
Document the transaction before relying on an exception
Keep contracts, payment records, valuation evidence, bank statements, and communications about the transaction. A proposed home transfer, trust funding, or family payment should be reviewed with Oregon elder-law counsel before it is completed.
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